Constitutional & Legal Educational News
When reflecting on the first ten amendments to the American Constitution, or the Bill of Rights, focus is often on the great freedoms of religion, speech, press and the right to bear arms. The Bill of Rights became 225 years old on December 15, 2016. With that in mind, it is worth a moment to […]
“No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.” Magna Carta, Chapter 39, June 15, 1215 June 15, 2015 marks the 800th Anniversary […]
The US Constitution‘s Fifth Amendment requires government procedures to protect the natural, inalienable rights of life, liberty and the pursuit of happiness recognized in the Declaration of Independence. Among these protections is a limit on multiple prosecutions based upon the same alleged conduct. This limitation is commonly referred to as a protection from “double jeopardy”. The Double […]
The Fifth Amendment of the Bill of Rights mandates government procedures to protect the natural, inalienable rights of life, liberty and the pursuit of happiness recognized in the Declaration of Independence. The amendment contains five protections for these natural rights. The Fifth Amendment’s first protection requires the federal government to use a grand jury to […]
The First United States Congress proposed 12 amendments to the Constitution in 1789. The states ratified ten of the proposed amendments: The Bill of Rights. The Fifth Amendment contains five procedural rights. If the government seeks to take someone’s life, liberty or property it must follow the Fifth Amendment’s rules. The Fifth Amendment “No person […]
“I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution…” Thomas Jefferson The death of Trayvon Martin during an altercation with George Zimmerman prompted calls for a national discussion about race relations that went all the way to […]
Law enforcement’s goal of taking Boston Marathon Bombing Suspect #2, [1] Dzhokhar Tsarnaev, alive was commendably achieved. A principle reason for this goal was to question Tsarnaev about further potential dangers to the public. The FBI has announced its intent to question him “extensively” prior to reading him Miranda warnings, relying upon the “public safety” exception […]
The Miranda warnings are part of American criminal justice and American popular culture. Where do they come from? What do they mean? Ernesto Miranda was the name of a 23 year old Mexican immigrant. The United States Supreme Court in 1966 announced a constitutional rule of criminal procedure requiring that police must advise a suspect of several […]
David Shestokas is an attorney licensed in IL and FL and author of Constitutional Sound Bites .
He earned his B.A. in Political Science from Bradley University and J.D. from The John Marshall Law School, cum laude, while serving on the The John Marshall Law Review. He studied law at Trinity College in Dublin, Ireland.
For Spanish speakers he and Dr. Berta Isabel Arias offer a Spanish language translation of Constitutional Sound Bites: Cápsulas Informativas Constitucionales .
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Cápsulas Informativas Constitucionales follows the tradition of informing citizens about the country’s founding documents in their native languages. In 1787, one third of Pennsylvania’s residents were German speakers. Accordingly, of the 4500 copies of the proposed Constitution that legislature ordered, 1500 were in German. Everyone understands important ideas best in their native language, and Cápsulas Informativas Constitucionales recognizes the importance of making available America's First Principles to 36,000,000 Americans.
The “Prime Time” Republican Primary Debate and the Constitution
Both President Obama and the Supreme Court have been described as “lawless” in respect to the Constitution. That description addresses actions perceived to be outside the authority granted to them by the Constitution. With such criticisms, what might Americans have to look forward to in respect to the constitutional rule of law in a new […]